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(Act dated 30 May 2006 from No. 152 of the People's Government Order No. 152 of 30 May 2006) Chapter I General Article 1 provides for the regulation of the establishment, implementation and supervision of non-administered licences, administrative effectiveness, advancement of the legal administration and the development of this provision. The non-administrative licence approval and registration referred to in this article refers to approvals and registrations carried out by the executive branch but not by the National People's Republic of China's administrative licence law (hereinafter referred to as the Administrative Accreditation Act), including, inter alia: (i) Approval by administrative organs of personnel, financial, external matters, such as personnel, etc., of other administrative organs or their management units (hereinafter referred to as internal approval by the executive body); (ii) Approval of tax relief, use of government funds or other relevant government policy treatment; (iii) Approval of the management of the population and family planning; (iv) Approval of civil administration and social protection; (v) Approval of State property rights and changes in asset management by State asset monitoring authorities; (vi) Registration of property rights or other legal relations and legal facts; (vii) Other administrative approvals and registrations that do not fall under the administrative licence law. The registration in paragraph (vi) above includes the granting of registration, modification and write-off registration. Article 3. This provision applies to the creation and implementation of non-administrative licences approval and registration by the executive organs of the city of Chhensan (hereinafter referred to as the executive organ). Article IV creates and implements non-administrative licensing approval and registration and should be guided by the principles of legality, openness and impartiality. The application of non-administrative licences for approval and registration should be guided by the principles of facilitation, efficiency, efficiency, quality services and compliance with the law. Article 5. Non-administrative authorizations granted by law and registration are protected by law, and the administrative organs are not subject to any unauthorized change or withdrawal. Article 6. Non-administrative licensing clearance and registration matters and the statutoryization of the conduct of inspections and registration by the executive organs are the responsibility of the municipal authorities' rule of law institutions. The administrative inspection of non-administrative licences and registration is carried out by the municipal administration inspectorate (hereinafter referred to as the municipal inspection department). Article 2 Article 7. Non-administrative authorizations and registrations are granted in principle by law, regulations and regulations. Non-administrative licensing and registration may be granted in accordance with the normative documents of the State Department and its ministries, the People's Government of the Province of Broad Orientale and the Government of the People's Republic (hereinafter referred to as the municipality). Non-administrative authorizations and registrations may not be granted by all sectors of the municipality, the peoples of each region and their sectoral normative documents. Article 8. Draft texts and regulations, draft normative documents, which are to be issued for approval and registration of non-administrative licences, shall specify matters such as approval and registration, conditions, requests, admissibility and decision-making bodies, implementation time frames, effectiveness of approval and registration, fees, annual trials. The laws, regulations, regulations and normative documents establishing non-administrative licences for the approval and registration of matters do not provide for the implementation of the terms of the authorization and registration, the application of materials, procedures, time limits, etc., which are provided by the municipality or are implemented by the executive body, in accordance with this provision, after reviewing the consent of the municipal rule of law institutions. Article 9. Draft texts and regulations to be submitted for consideration by the municipal authorities, and draft normative documents are proposed for the granting of non-administrative authorizations and registrations, should be held in advance, with the exception of the proposed internal approval of the executive body. Hearings, arguments will be organized by the municipal authorities' rule of law institutions. Article 10 The municipal rule of law institutions should organize periodic evaluation of the non-administrative licence approval and registration that I have implemented in the city, and in accordance with the facts of Shenzhen, they are considered to be cancelled or adjusted, and should be informed that the municipality agrees to be treated in accordance with the relevant legal procedures. The non-administrative approval and registration of an executive body may evaluate the implementation of the granted non-administrative licences and the need for registration, and report on the non-administrative licence approval and registration of the establishment and the municipal government rule of law institutions. Citizens, legal persons or other organizations may make observations and recommendations on the establishment and implementation of non-administrative licences and registrations to the establishment and enforcement organs of the non-administrative authorization and registration, or the municipal rule of law institutions. Chapter III Article 11 Non-administrative licensing approval and registration is carried out by an administrative body with non-administrative authorization and registration rights within its statutory competence. Article 12 The authorized organization shall apply the provisions of this provision relating to the administration. Article 13 has the right to apply administrative organs and organizations that are not subject to administrative authorization and registration, which are made public by the municipality. Non-administrative approval and registration shall not be carried out without the authorities and organizations published by the municipality. Article 14. In accordance with the principles of facilitation, efficiency, the executive branch may entrust other administrative organs with the authorization and registration of non-administrative licences, or commission other administrative organs or organizations with public administration functions for approval and registration of non-administrative licences. The organs entrusted should be notified by the municipal authorities to review their consent and to the extent to which they are entrusted by the executive body or the organization and commission. The trustee or organization shall, in the name of the entrusted body, be entrusted with legal responsibility for the conduct of the trustee or organization of the trustee. Article 15. The municipality may, in accordance with the principles of simplification, harmonization and effectiveness, decide, by law, that an administrative organ shall exercise the non-administrative authorization and registration rights of the administrative organs concerned. Article 16 creates laws, regulations, regulations and normative documents that do not provide for the first instance, and administrative organs shall not be required for other administrative organs or for other administrative organs to apply for approval and registration of non-administrative licences. Article 17 provides for non-administrative authorizations and registration by the executive branch and shall not submit to the applicant any undue requirement for the purchase of designated commodities, acceptance of paid services. The staff of the executive branch shall be subject to non-administrative authorization and registration and shall not seek or receive the property of the applicant and shall not seek other benefits. Article 18, the executive body needs to make non-administrative authorizations and registration decisions based on the test, detection, quarantine, audit and identification results, and the executive body shall publish the statutory test, detection, quarantine, audit, identification criteria. Tests, testing, quarantine, auditing and identification should be carried out progressively by professional technical organizations that meet the statutory conditions. The professional technical organization and its associated personnel assume legal responsibility for the testing, testing, quarantine, auditing and identification of conclusions; the conclusion that there is a mistake to disclose the wrongs on the public information website of this body and the list of the testing, testing, quarantine, auditing, expert technical organizations and associated personnel. Implementation procedures for non-administrative licensing and registration Section I Article 19 Non-administrative approval and registration follow the principle of harmonization of implementation approaches, harmonization of reviews, harmonization of publications, harmonization of monitoring of implementation, legalization and standardization of implementation. Article 20 shall develop implementation methods for each non-administrative licence approval and registration of any non-administrative licence, in accordance with the provisions relating to the creation and implementation of non-administrative licences approval and registration. The non-administrative licence approval and registration of implementation options include the following: (i) Approval and registration elements; (ii) The basis for approval and registration; (iii) Number and manner of approval and registration; (iv) Approval and registration conditions; (v) Applications for material; (vi) The application form; (vii) Approval and registration of requests for admissibility; (viii) Approval and registration of decision-making organs; (ix) Approval and registration procedures; (x) Approval and registration time frames; (xi) Approval and registration of documents and effective deadlines; (xii) The legal effect of the review and registration; (xiii) fees; (xiv) Annual review. The municipal rule of law body is responsible for the development of rules that guide the administration in the formulation of non-administrative licensing and registration implementation options, and guide the executive branch in the development of a harmonized format for non-administrative licensing and registration. Article 21 The internal approval and registration of implementation options within the executive body can be made public without external publication, but should be published within the administrative system. The executive branch shall carry out non-administrative authorizations and registrations in accordance with the non-administrative licence approval and registration scheme set out above. The executive branch modifys the non-administrative licence approval and registration of the implementation method, in accordance with the procedure set out in paragraph 1 of this article. Article 2 The approval and registration of non-administrative licences by executive organs or changes to their implementation are carried out by the municipal rule of law body to review their consent, in accordance with this provision, after the development and publication of the non-administrative licence approval and registration method. The dismissal of non-administrative authorizations and registrations by the executive branch should be justified and processed after the cancellation, and be published in the Official Journal of the Municipal Government, following a review of the consent of the municipal rule of law institutions and the approval of the municipality. Article 23 establishes laws, regulations, regulations, normative documents that are not administratively authorized for approval and registration, the application of material specifying the conditions for approval and registration, and the non-administrative licence approval and registration of the application shall not increase the conditions for approval and registration and requests for material. However, in the light of the fact that no additional application material could not be submitted for approval and registration, and the necessary requests could be increased after the approval of the municipal authorities' rule of law bodies. The non-administrative licence approval and registration of implementation options should provide for the full application material to be submitted by the applicant, and the administrative authority shall not request the applicant to submit the non-administrative licence and registration of the application material not required. Section II Application and admissibility Article 25 Civil, legal or other organizations shall apply for non-administrative authorization and registration and shall apply to the competent administrative organ for the purpose of admissibility and submit the application. The applicant shall submit the material and reflect the real situation to the executive branch and be responsible for the authenticity of the substance of the application. Article 26 provides the applicant with the text of the non-administrative licence approval and registration of the application form, form, contract model, etc., and shall be published in the Official Journal of the Municipal Government and the Public Information website of the administrative organ, following a review by the municipal authorities. The executive body shall permit the applicant to use the copy of the application form, form, contract text, etc., which is consistent with the specifications, or downloads from the public information website of the organ. However, laws, regulations, regulations and regulations provide otherwise in accordance with their provisions. In accordance with article 27, the applicant submits non-administrative approval and registration requests to the executive organs, whether the material is received or if the application is received, the executive branch shall, on the basis of the following circumstances, give the applicant a copy of the chapter and the written back of the date specified by the executive branch: (i) The application shall not be subject to approval or registration by law, and shall be communicated to the applicant if he is not admissible, to the extent that the application is not admissible and to the reasons for admissibility; (ii) The matter of application is not in accordance with the terms of reference of this administrative body, and should be communicated to the applicant at the time of being admissible, to the extent that the application is not admissible and to the body to which it is admissible; (iii) The application matter falls within the terms of reference of this administrative body, the full and statutory form of the application, and shall receive the request material for the return. The error that may be corrected at the time of application should be allowed to the applicant to receive the requested material and to receive the request for backward; (iv) The request for material is incomplete or not in accordance with the statutory form and cannot be added at the time of the request, which may not receive the material, receive back-to-back and indicate once all the elements that need to be filled. The date on which the administrative organ receives the request for information is the date on which the request is received. The applicant shall be informed, in writing, within five working days, that the applicant needs to fill all of the contents of the application after receiving the material and that the date of receipt of the request is the date of receipt. The applicant shall communicate the request in accordance with the administrative authority, and the administrative organ shall be given a return and shall be transferred from the date of the submission of the request. Section III Review and decision Article 29 shall review the applicant's submissions. The applicant's submission is in full and in accordance with the statutory form, and the executive organs are able to make decisions on the ground and shall make written non-administrative licences and registration decisions. The executive branch shall not take a decision on the approval and registration of non-administrative licences at the time and shall decide to inform the applicant in writing within 20 working days of the date of receipt of the application. Twenty working days could not be decided and, with the approval of the head of the executive body, 10 working days could be extended and the applicant should be informed in writing of the reasons for the extension period. However, laws, regulations, regulations and normative documents establishing non-administrative licences for approval and registration are also provided in accordance with their provisions. The administrative authority shall make non-administrative authorizations and registration decisions within the commitment period for a period of time when the administrative authority undertakes a written commitment to conduct administrative licences. The application of the applicant is in accordance with the statutory conditions and standards, and the executive body shall make a written decision to grant approval and registration in accordance with the law. In accordance with the law's decision not to approve and register, the executive branch should give reasons for written decisions and inform the applicant of the right to seek legal remedies in accordance with the law. The decision of the executive branch to grant approval and registration requires the production of the relevant documents, which shall be issued, sent to the applicant within 10 working days of the date of the decision, for approval and registration documents in the form of the seal of the executive organ of Ghagué. Article 32 provides for non-administrative approval and registration decisions by the executive branch, which are required under the law to test, test, quarantine, audit and validate, without computing the period specified in article 29 of this provision, but shall be limited and communicated to the applicant in writing. Article 33 should be established by law by the executive branch to store all documents for approval and registration. The decision of the executive branch to grant approval and registration should be made public unless it relates to State secret, commercial secret or personal privacy. The public has the right to access, in accordance with the law, decisions on approval and registration and the relevant approval or registration documents, copies, and to request the administrative authorities to provide the evidence of the Gain chapter. The internal approval of the executive branch does not apply to the preceding paragraph. Article XV is granted to the parties that have received the approval and registration, as well as to other stakeholders involved in the approval and registration of the authorization and registration of the various applications contained in the file, as well as to the approval and registration of the decision documents or approval of documents, which may be entrusted by the parties to the law of the profession to exercise that right; and the judicial and disciplinary inspectorate authorities are able to access all material in the approval, registration file in accordance with the law. However, laws, regulations, regulations and regulations provide otherwise in accordance with their provisions. Those entitled to access the approval and registration files require the reproduction of the materials available, and the executive branch should grant them and add the seal. The executive branch may publish implementation after the finalization of the municipal government rule of law, in accordance with the relevant laws, regulations, regulations and rules, and in conjunction with the specific circumstances, of the rules governing the processing and registration of files. In accordance with article 34 of this provision and article 33, paragraph 5 requires the executive branch to provide photocopy material, the administrative body may collect the costs approved by the price sector and obtain a legal receipt. Section IV Change and extension Article 337 persons who have obtained approval and registration require changes in matters of non-administrative approval and registration shall apply to the administrative organs that have made the approval and registration; and, in accordance with the statutory conditions, standards, the administrative organs shall be governed by the law. The executive branch shall determine the time period for the applicant to change the non-administrative licence approval and registration application, and shall establish laws, regulations, normative documents that are non-administered for approval and registration, in accordance with its provisions; the time period for the administrative organ to proceed with the initial non-administrative licence approval and registration application. Article 33 Eighteen persons who have received approval and registration will need to continue the period of effectiveness of the approval and registration under the law and shall apply to the administrative organs that have made non-administrative licences and registration decisions by 30 years before the expiration of the administrative licence. However, laws, regulations, regulations and normative documents establishing non-administrative licences for approval and registration are also provided in accordance with their provisions. The executive body shall, in accordance with the application of the person granted the approval and registration, make the decision to grant continuity before the expiry of the administrative licence; the decision to be taken by the late decision shall be considered to be extended. The creation of laws, regulations, regulations, normative documents that provide for non-administrative licences for the approval and registration of an effective period of time would require re-application in accordance with the provisions of the law. Section V Article 39 governs inspections of non-administrative licences and registration and inspections of non-administrative licensing and registration matters without charge of any expenses. However, laws, regulations, regulations and normative documents establishing non-administrative licences for approval and registration are also provided in accordance with their provisions. The executive branch shall not be charged with the text of requests for non-administrative approval and registration of applications, forms, model contracts. The requirements for non-administrative authorization and registration by the executive organs should be included in the budget of the executive branch, which is guaranteed by the current level of finance, and subject to the approved budget. Article 40 imposes non-administrative approval and registration by the executive body, charged charges in accordance with the relevant laws, regulations, and normative documents, in accordance with the provisions of the Zhenh City relating to the administration of charge charges. Oversight inspection Article 40 provides that the executive branch does not carry out non-administrative authorizations and registrations under the law, the applicant may lodge a complaint or may apply to administrative review, administrative proceedings or other legal remedies in accordance with the law. Article 42 should establish a non-administrative licensing approval and registration complaints system, designate specialized agencies responsible for receiving and dealing with complaints of non-administrative authorizations and registrations carried out by this administrative body, and make public information websites available on the body and telephones for complaints. Complaints by the complaints received by the complaints body should be investigated, the complaint was established by law and the administrative authorities should correct the complaints in a timely manner. Article 43 of the municipal rule of law institutions are responsible for the conduct of inspections of non-administrative authorizations and registrations by executive organs, which guide the executive branch in the implementation of this provision. The municipality's rule of law bodies have found that the executive branch does not implement or otherwise change the non-administrative licence approval and registration method, and administrative authorities should be tasked with correcting, administrative organs are not corrected, the municipalities are advised of criticism, the transfer of administrative responsibilities to the executive branch and may be brought to the municipality's decision to withdraw the contents of the executive branch's own change. Article 44 states that the municipal inspectorate conducts inspections by law of non-administrative authorizations and registrations by executive organs. The municipal inspectorate should establish a non-administrative licence approval and registration of an electronic inspection system that incorporates the activities of all sectors of the municipal government in the conduct of non-administrative licensing and registration in the electronic inspection system. Article 42 should designate a body to receive complaints and prosecutions of acts of non-administrative authorization and registration committed by citizens, legal persons or other organizations against administrative authorities and their staff in violation of the law and to make public information available on the public information website of the organ. Complaints and prosecutions of citizens, legal persons or other organizations, the municipal inspectorate shall communicate its findings in accordance with the relevant provisions. Article 46 Complaints or prosecutions by the municipal inspectorate may be dealt with directly or by the competent administrative authorities to investigate them in accordance with the law. The executive branch shall hold administrative responsibilities for the heads of the executive organs if it rejects the decision taken by the municipal inspectorate under the law or the inspection recommendations issued. The municipal inspectorate may, in conjunction with the practical development of specific provisions for inspection of non-administrative authorizations and registrations by administrative authorities. Article 47 shall report to the municipal authorities, in the first quarter of each year, on the implementation of non-administrative authorizations and registrations by this organ, including the implementation of non-administrative licensing clearance and registration matters, the approval and registration results, the applicant's complaint or application for administrative review, the proceedings initiated and their results. The report should be made available on the public information website of this organ. The municipal rule of law institutions are responsible for conducting an analysis of the annual report of the executive body on the application of non-administrative licences and registrations, conducting research and making observations and recommendations on issues related to strengthening the oversight and guidance of the executive branch in the conduct of non-administrative licensing and registration. The municipal rule of law institutions should incorporate the application of non-administrative authorizations and registrations by administrative organs into the law enforcement responsibilities assessment. Article 48 should be strictly in accordance with the relevant provisions in order to fulfil the responsibility to monitor the activities carried out by those who have received approval and registration. The executive body shall publish bodies, locations and telephones that receive reports of violations committed in respect of non-administrative licensing and registration matters. Annex VI Article 49 creates, implements, enforcement bodies, enforcement procedures, oversight inspections, legal responsibility, etc. No provision is made and is implemented in accordance with laws, regulations, regulations and regulations, such as administrative licence laws. The non-administrative authorizations and registrations carried out by the people of each region and their sectors are not regulated by the non-administrative licence approval and registration of the implementation of the municipal government sector, which is responsible for organizing, reviewing and publishing implementation options. The executive supervision of the various sectors of the population is governed by law by non-administrative authorizations and registrations. In accordance with the relevant legal provisions and with the guidance of the regulatory sector of the Association of Industry of Shenzhen, relevant approval and registration by the Chamber of Commerce within its industry can be developed, under the guidance of the regulatory branch of the Association of the Industry of Shenzhen. Article 50 provides for implementation effective 1 July 2006. |
